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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for injury arising from certain motor vehicle |
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accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 72A to read as follows: |
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CHAPTER 72A. LIABILITY FOR CERTAIN MOTOR VEHICLE ACCIDENTS |
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Sec. 72A.001. DEFINITIONS. In this chapter, "exemplary |
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damages" and "noneconomic damages" have the meanings assigned by |
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Section 41.001. |
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Sec. 72A.002. LIABILITY FOR INJURY TO CERTAIN OPERATORS. |
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(a) A person may not obtain noneconomic damages or exemplary |
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damages in a civil action for bodily injury, death, or damage to or |
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destruction of property arising out of a motor vehicle accident if |
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the person was knowingly operating the motor vehicle at the time of |
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the accident in violation of Section 601.051, Transportation Code. |
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(b) Subsection (a) does not apply to a person described by |
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Subsection (a) if the person is injured by another person: |
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(1) who is operating a motor vehicle at the time of the |
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accident while intoxicated in violation of Section 49.04, Penal |
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Code, or another law of this state relating to the operation of a |
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motor vehicle while intoxicated and who is convicted of an offense; |
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(2) whose wilful act or omission or gross neglect |
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causes the injury; |
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(3) who flees from the scene of the accident; or |
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(4) who, at the time of the accident, is acting in |
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furtherance of the commission of a felony. |
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(c) Subsection (a) applies to a claim for damages made by a |
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person whose right to recovery derives from an injury to another |
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person whose right to recovery would be barred under Subsection |
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(a), including a claim for wrongful death or for loss of consortium |
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or companionship. |
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(d) Each insurer that issues a motor vehicle liability |
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insurance policy in this state to comply with the requirements of |
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Chapter 601, Transportation Code, including a Lloyd's plan, county |
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mutual insurance company, or reciprocal or interinsurance |
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exchange, shall notify the person to whom the policy is issued of |
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the provisions of Subsections (a)-(c). The notice required by this |
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subsection shall be made at the time the policy is initially issued |
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and at any time coverage under the policy is terminated. The |
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commissioner of insurance by rule shall adopt the form and content |
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of the notice required by this subsection. |
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(e) The Department of Public Safety shall post notice of the |
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provisions of Subsections (a)-(c) at each facility of the |
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department at which an in-person application for issuance or |
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renewal of a driver's license may be made. |
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(f) A person who offers a driving safety course approved |
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under Chapter 1001, Education Code, shall notify each student in |
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writing of the provisions of Subsections (a)-(c). The Texas |
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Education Agency shall adopt the form and content of the notice |
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required by this subsection. At the option of the person who offers |
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the course, the notice may be included in approved course materials |
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or provided separately from those materials. |
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(g) This section does not prohibit a person described by |
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Subsection (a) from acting in a representative capacity to bring |
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suit on behalf of another person injured in the accident, as next |
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friend or otherwise. |
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SECTION 2. This Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act is an exercise of authority under |
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Section 66(c), Article III, Texas Constitution, and takes effect |
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only if it receives a vote of three-fifths of all the members |
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elected to each house, as provided by Subsection (e) of that |
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section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |